ACLU questions legality of religious structure on Colorado campus

By The Associated Press

09.23.02

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BOULDER, Colo. — The American Civil Liberties Union is examining the legality of a shelter erected on the University of Colorado campus by a Jewish student group.

Members of the CU Hillel and Lubavitch of Boulder built the sukkah on Sept. 19 to celebrate the harvest-season holiday of Sukkot, which lasts through Sept. 28.

The local chapter of the ACLU received a complaint about the shelter and asked attorneys at its state office to look into the matter.

Judd Golden of the ACLU's Boulder chapter said a lawyer with the state branch planned to contact Chancellor Richard Byyny's office to determine how the sukkah was allowed.

Golden said the structure's presence outside the Hellems Arts and Science building could be construed as promoting a particular religion.

"We are very neutral about these things, but we think establishment of religion on public property sets a bad precedent," Golden said.

CU Hillel members said the sukkah construction received approval from university officials.

The school's written policies allow temporary structures to be placed on campus for a week, as long as they're approved by the school's facilities management and police departments.

School officials could not be reached for comment for this story.

The sukkah's purpose is to provide a place where Jewish students can observe the holiday and non-Jews can learn about the tradition of Sukkot, said Pat Blumenthal, executive director of the Hillel Council of Colorado.

Golden said the sukkah could be interpreted as a separate place of worship for one particular faith. However, if the group was welcoming in everyone, then the sukkah might not be inappropriate, he said.

"We're trying to be deliberate about this," Golden said. "We look at both (religion) clauses of the First Amendment, and we certainly favor free exercise."

Meanwhile, The Daily Camera in Boulder reported yesterday that the sukkah was found Sept. 21 vandalized with swastikas drawn with ball-point pens.

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